Weird Divorce Laws Around the World | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Weird Divorce Laws Around the World

Divorce is difficult no matter where a couple resides. However, we Americans mostly face laws intended to protect each other from the bad decisions or behavior of the other person and to ensure that assets are evenly distributed between both parties.

Divorce laws are also intended to protect the children involved, ensuring they have every opportunity to enjoy a happy, stable future albeit it different than before their parents separated. The divorce process may seem long and challenging, but it is intended to protect the family unit, including spouses and minor children.

Other countries have strong laws in place to protect both parties as well, but there are also plenty of international laws that may seem strange to Americans. Some are left over from a forgotten age and should be challenged despite the probable good intentions at the time they were enacted.

In Australia, Aboriginal Women can become divorced from their current husband if they elope with a new partner. They can also persuade their husband to divorce them via the traditional route, but if that fails, they can simply elope and become married to the new person.

In the Philippines, a divorce obtained in another country may not be recognized under their home country’s laws. In this case, remarrying in another country and returning to the Philippines may constitute bigamy, which is a punishable crime in the country.

Traditional Eskimos can divorce simply by living apart. An Eskimo couple who no longer wish to be married can simply move out and begin living separate lives; they do not even necessarily need to retain an attorney. In the “Lower 48” as many Alaskan natives refer to the main body of the US, a law like this could wipe out the rental home market when one half of a couple who wished to divorce simply need to move to a new residence.

This last one is not technically a divorce law but is weird enough to be included here. In France, it is actually legal to marry someone who is no longer alive. Apparently, the law dates back to World War One when men did not return from the war and left fiancés behind to grieve for them. Laws allowed the marriage to proceed as long as there was sufficient proof that the couple truly did intend to marry before the other person’s death.

Divorce is difficult in America, but many other countries make it even more complicated to end a marriage. If you are considering divorce in West Michigan, please consult the experienced divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Can Your Divorce get your lover in legal trouble too? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Cheating and the Law – Can Your Divorce get Your Lover in Legal Trouble, Too?

The story of a man ordered to pay his lover’s husband a total of $8.8 million dollars in damages made the headlines on several news sites this week, including CNN and Great Britain’s DailyMail.com.

When Texan Francisco Huizar involved himself in an affair with the wife of businessman Keith King, a North Carolina law provided the foundation for which Mr. King could pursue relief from Mr. Fransisco, who was sued for Alienation of Affection, among other claims. In other words, the lawsuit claimed that the man’s actions had caused the loss of affection between the two spouses, ultimately leading to the failure of the marriage.

Although most of the fines awarded were meant as punishment for the effects of the affair on the husband, $2.2 million dollars was attributed as compensation for tangible damages stemming from lost revenue related to the affair since the wife was also an employee of her husband’s business. And, for the loss of his wife.

Alienation of Affection laws were abolished in most states, including Michigan. North Carolina is one of a handful of states that still allow legal action to be brought against, not only an extra-marital lover, but anyone shown to have interfered with the with the stability of a marriage, including family members, religious leaders, and even counselors or therapists.

The Alienation of Affection law appears to infer that a spouse can be pushed away from a happy marriage by seduction, malicious intent, influence, or attrition and not through the spouse’s own returned affections, inappropriate actions, or self-interests.

To succeed on a claim of Alienation of Affection, there must be proof that a happy, stable marriage existed before the affections of the third party were introduced into the relationship and those affections created the turmoil which led to infidelity and ultimately to the failure of the marital union.

Although North Carolina is not the only state with Alienation of Affection laws still on the books, it does appear to be the most recent place in which this type of lawsuit has been filed. The $8.8 million dollar King vs. Huizar award is the latest of such lawsuits filed, but it is not the only one. Or the most expensive.

In 2011, a North Carolina judge handed down a judgment ordering the wife of a trucking company owner to pay a total of $30 million dollars in damages to her former husband – the largest settlement of its kind in the state’s history and the result of her affair that paved the way for their divorce. In 2000, a jury awarded a high school wrestling coach $1.4 million dollars when his wife reunited with her high school sweetheart 15 years after graduation and their rekindled romance led both lovers to divorce their spouses.

Although Michigan abolished the Alienation of Affection law along with most other states, there are other issues that can lead to penalties and problems for West Michigan couples considering divorce. If you believe divorce has become the only option left, please consult with an experienced West Michigan divorce attorney to avoid expensive pitfalls or legal issues.

Please contact the experienced Grand Rapids attorneys at Johnsen Wikander and let us help you through your most difficult time.

The British Monarchy, Marriage, and Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The British Monarchy, Marriage, and Divorce

There is a general fascination with the British Royals and their lives, loves, and even deaths. Most people have dreamed about what it must be like to never want for money, or to be treated like a King or Queen. However, money and power cannot buy happiness, and several members of the royal family have been the subject of high-profile news stories for that very reason.

The most famous, of course, is arguably Princess Diana’s split from Prince Charles. Her marriage was the stuff of dreams for many people around the world, and her divorce created more subject matter for the tabloids than even the ever-enduring Bat Boy could hope for. However, many people do not realize that Diana’s divorce was not the first for the Royals. It was just the most well-known at the time.

Before Diana and Charles, the biggest stir in the House of Windsor came about in 1936, when the future King Edward the VIII fell in love with Wallis Simpson, a twice-divorced American woman from Baltimore, Maryland.

In 1936, the Church of England and British Monarchy forbade marriage when the divorced person’s spouse was still living. Wallis Simpson had two husbands who were alive and well, making marriage impossible for Edward. However, Edward was so smitten that he abdicated the throne, giving up his right to the rule in order to marry the woman he loved.

It turned out that her entire reason for chasing Edward in the first place was to land herself in the big chair and become the next Queen of England, so Edward’s decision did nothing to stoke the fires of her love. She did, however, follow through with the marriage in fear that pulling out at the last minute would make her the most hated woman in England. She remained Edward’s wife until he died in 1972. Simpson herself lived to 89 while living in seclusion in Paris.

Because Edward’s brother, George the VI, was made King in his place, the shift placed Elizabeth squarely in line to occupy the throne, and to look rather stately in a tiara. Because of the royal views regarding divorce at that time, the destiny of the entire royal family changed forever.

There were a few other marital upsets before Princess Diana and Prince Charles separated in 1992, but none quite so newsworthy. Because divorce was traditionally such a difficult subject for the British monarchy, most of the breakups took place well out of the spotlight. Or, as far out of the spotlight as possible, anyway.

Times have changed and we are flooded daily with news about Prince Harry’s upcoming marriage to American actress Meghan Markle, who is herself divorced. Markle untied the knot after a short marriage to actor and producer Trevor Howard. Due to the Church of England’s and Royal Family’s softened stance on divorce, Prince Harry and Meghan Markle appear to have a real chance at happiness.

After centuries of unbending rules and traditions, even the House of Windsor and the Queen of England herself have acknowledged that love is imperfect and relationships may not last. The public view on divorce has made it into a non-issue as well instead of creating the stigma it once did. Today’s views allow people who can no longer find common ground to be released from unhappy situations without ending up on the front page.

Although we hope for all marriages to last, it is unrealistic to believe every single one will be a fairytale romance.

If you find yourself facing divorce or considering the process, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander today and let us help you through your most difficult time.

Weird Reasons People Have Divorced | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Weird Reasons People Have Divorced

Divorce is painful and destructive to those involved, however, in some cases around the world, the reasons people have filed can either be amusing or frightening. People usually get married for love, yet sometimes they get divorced for very strange reasons.

With all the latest celebrity divorce chatter, such as Russell Crowe’s divorce auction or Amber Heard’s sizeable donation, it seems like a good time to talk about something a little different. Here are some weird, unusual, or simply interesting reasons why people have filed for divorce.

In Italy, a 99-year-old man filed for divorce from his 96-year-old wife after 77 years of marriage when he discovered letters she had written to a lover in the 1940’s. She had kept the short-lived tryst a secret until then, but even after nearly eight decades together the betrayal was more than he could handle.

A Japanese woman filed for divorce because she and her husband had at least one irreconcilable difference. After becoming obsessed with the movie Frozen, she discovered that her husband had seen it once but “didn’t really care for it.” This, to her, was reason enough to end their six-year marriage even though it seems like her best option would have been to – Nah, not going to do it.

In China, a woman began to suspect her husband of cheating when their pet mynah bird began to call out words and phrases like “divorce” and “be patient.” The bird would also become more talkative whenever the phone rang which led the woman to put two and two together and fly the coop, no pun intended. The woman even took the bird to a local attorney and asked if it could be allowed to introduce evidence through its testimony.

Another Saudi woman filed for divorce after discovering her husband had been using a nickname to refer to her when he was outside of the house. When she picked up his cell phone to look for a contact’s number, she discovered the entry for her own number was one single word – Guantanamo. Even though he claimed it was a harmless joke, the nickname was too much for her, and she filed the necessary papers in court.

No matter what the circumstances, divorce can be painful and destructive to those involved and affected. If you are facing the uncertainty of divorce, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through this difficult time.

Collaborative Divorce Revisited | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Collaborative Divorce Revisited

The news of Donald Trump Jr. and his wife Vanessa’s impending divorce seems to be everywhere you look these days. Updates are available almost daily while the world awaits the outcome for the President’s oldest son and his wife of 12 years.

No matter what the reason is for the couple’s split, one thing seems certain–they appear to be working together on one important task – co-parenting. Although divorce seems imminent, they have been seen together during several recent breaks and vacations amicably spending time with their 5 children.

Parents who are moving toward divorce have options available which provide a layer of protection for their children during the divorce process, and after proceedings are complete, that did not exist in years past. Collaborative Divorce provides couples with a softer, simpler route to the dissolution of their marriage, helping their marriage to end without fireworks or fighting.

Collaborative practice is an approach to divorce which allows both parties to work together to achieve common, and individual, goals instead of facing each other as adversaries. By engaging in the Collaborative practice, the couple agrees to work with a team of professionals to reach a mutually agreeable settlement without the involvement of the court.

Collaborative Law teams include legal, financial, and mental health professionals specially trained in Collaborative Practice. Both parties agree to full disclosure of all important information and then work together along with the trained team to create a fair settlement.

Collaborative practice can often settle divorce cases more quickly than traditional routes, allowing both parties to move on to more settled lives, creating peaceful, stable environments for their children. When both spouses have worked together to create a mutually acceptable settlement, co-parenting also becomes easier and less impactful on their children.

Collaborative Divorce may not be an option in every case; however, the practice can provide an easier path forward, allowing parents to maintain a working relationship once their marriage has ended. When children are present, their well-being becomes the highest priority, and issues such as custody and support are often agreed upon without stress or resentment.

If you are facing divorce, you may be unaware of the current options available to you and your spouse. Please consult with an experienced attorney to discuss Collaborative Practice and any other options that could bring peace to your family easier than traditional divorce proceedings.

For more information on Collaborative Practice, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through your most difficult time.

The Impact of Changing Tax Laws on Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The Impact of Changing Tax Laws on Divorce

As most people know the US tax laws are changing in many ways. Those changes will likely have some impact on almost everyone in West Michigan, and in the rest of the United States. However, there are many changes to the Tax Code that most people may be unaware of until changes in their own lives cause them to be exposed to the effects.

Some of the new tax laws will affect couples considering divorce in several ways, such as the changing laws regarding spousal support and tax deductions. However, there are business implications as well. For example, the new laws and related deductions may impact small business owners by potentially affecting their business valuations.

With so much change surrounding the US tax laws, and the implications those changes could have, it is extremely important for anyone considering divorce to discuss the process with an experienced attorney and tax professional immediately. Don’t wait until it’s time to file business and personal taxes next year, ask questions from an experienced West Michigan attorney immediately if you have any major life changes on the horizon.

Divorce is difficult no matter what the circumstances. Many people will be exposed to information from friends and family who have been through the process, and who believe they can provide sound advice. Even if they were able to share information regarding the divorce process or tax implications that was correct in the past, that information will probably not be relevant now.

If you are considering divorce, it is extremely important that you do not wait to discuss the legal and tax implications with an experienced attorney. The decisions you make today could affect your business and personal tax filings in the following year, or possibly for years to come.

We will be featuring a series of articles highlighting the tax changes and what they mean for couples considering divorce, as well as the impact on child support, spousal support, and business valuations. Please stop back for more information on these topics and others that can help you to be better prepared.

It is important that you act now, so please contact the experienced West Michigan divorce attorneys at Johnsen Wikander today and let us help you through this difficult time.

New Divorce Trends - Online Apps | Johnsen Wikander P.C. West Michigan Divorce Attorneys

New Divorce Trends – Online Apps

There are many new trends in modern divorce that would have seemed far-fetched even ten years ago. Nesting, or bird-nesting as it’s also known, has grown in popularity. It is an arrangement whereby children live in a single home while their parents rotate in and out.

Cohabitation is also on the rise for divorced West Michigan parents. Cohabitation means that two parents continue to live together under one roof even though they have divorced. This practice allows both people to save money while continuing to provide a more stable home environment for their children.

Another current divorce trend is the creation of computer and smartphone applications which help divorced parents manage details such as visitation schedules and shared expenses. Post-divorce parenting apps can help ensure appointments are kept and arguments are avoided.

Some of the available divorce-related apps are listed below.

Our Family Wizard

Our Family Wizard provides divorced parents with a place to maintain records of all of their important information which can be accessed by each parent, their attorneys, and even provided to the court if necessary. The app can be accessed from computers or smartphones and, as stated on their site, “Helps keep Children in the Middle” by eliminating uncertainty and clarifying communication. The app even tracks access by each parent and allows reports to be generated.

Click Here for more information on the Our Family Wizard website.

2Houses

2Houses is similar to Our Family Wizard and provides divorced parents with a place to communicate, store and share information, and track all of the family resources necessary to effectively share parental responsibilities. The service includes calendars, expenses trackers, and messaging. There is also an information bank which can house important information such as emergency contacts, medical information, and more.

Access the 2Houses website here for more information.

Talking Parents

Providing an alternative communication platform to text and email, Talking Parents maintains an independent, third-party record of all important communication between parents that can be used to avoid or resolve disputes. Talking Parents helps parents maintain a positive co-parenting experience by keeping communication clear and civil.

Follow this link for more information on the Talking Parents website.

Divorce Force

Accessible from computers and smartphones, Divorce Force connects users with other people going through the process of divorce or those dealing with life after the fact. Divorce Force is an online community and support group focusing on education and support, where people can ask questions and share experiences with their identity protected. However, the site and app also feature other family management resources such as shared calendars.

Visit the Divorce Force website for more information

Sesame Street: Divorce

As part of their Little Children, Big Challenges: Divorce initiative, The Sesame Street team has created a multimedia resource to help parents communicate the many issues of divorce with their children. Primarily intended for parents with children between the ages of 2 and 8 years old, the Sesame Street Divorce toolkit includes downloadable videos, printable guides, and even songs. The focus of the toolkit is to help kids know they are loved and never alone, and to help parents navigate conversations on the tough topics related to divorce. More information is available on the website and through smartphone apps that provide additional tools and resources for parents and children.

Visit the Little Children, Big Challenges: Divorce website here

Divorce Coping Tip of the Day

For a bit of stress relief, there is even an app for your smartphone that will provide a Divorce Coping Tip of the Day. Created by the author of two books on divorce, these tips are full of advice and practical assistance instead of venom and ill-will. Although some references are specific to the United Kingdom, the advice is good for anyone who might benefit from a little like-minded support. And, some comic relief.

Click Here to find the Divorce Coping Tip of the Day app.

The Internet Age has created the ability to provide an application for almost any need, so it should come as no real surprise that apps are also available to help people with the challenges related to divorce.

If you are considering divorce or need more information regarding the process, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Johnsen Wikander is not affiliated with, nor had any influence in the creation of, any of the above-noted resources.

EZ Divorce Websites – You Don’t Know What You Don’t Know | Johnsen Wikander P.C. West Michigan Divorce Attorneys

EZ Divorce Websites – You Don’t Know What You Don’t Know

An internet search for West Michigan Divorce Attorney or Grand Rapids Divorce will also reveal a number of do-it-yourself websites where couples wishing to end their marriage can prepare and file their own paperwork. If they meet the right criteria, it often appears that they just need to complete a few simple steps and can then go their separate ways.

This may be an attractive option for many couples, especially if money is already tight and there is little to no turmoil surrounding the separation. In some cases, it may even seem as if there is no reason to involve legal counsel at all.

However, as someone wise once said, you don’t know what you don’t know.

Quickie divorce websites can make the legal process appear so easy to navigate that divorcing couples just need an automated guide, to check a couple of boxes, and $139.95 to legally end a marriage. However, there are many potential problems waiting for the unprepared, problems which could have expensive and even far-reaching consequences.

Many sites advertising a quickie divorce are built with a “set it and forget it” mentality. Most people would never know if the site’s online forms are kept current, or in line with changing laws. If an important law is revised or new laws are passed and the related forms are not updated, divorcing couples could easily cause delays in their divorce proceedings.

Divorce procedures often differ from one county to another as well. Although quickie divorce websites appear to offer simple solutions, in reality, there are procedures that must be followed often depending on the couple’s county of residence. Mistakes in paperwork can add extra time and expense, or worse, mistakes could come back to haunt one partner or the other in the future.

Unclear or ambiguous language on documentation, particularly the final judgment of divorce, has led to many unanticipated issues with divorce cases that resurface years later.. Unclear language or misused terminology can create costly issues which need professional legal involvement after the divorce is finalized.

There are easier ways to divorce than entering a lengthy, expensive legal battle in court. Many legal teams such as the experienced attorneys at Johnsen Wikander offer uncontested divorce options and Collaborative Divorce solutions for couples who want to separate without a fight. These options can preserve relationships and provide a more emotionally stable home for any children that may be involved. Please contact Johnsen Wikander today and let us help you through this difficult time.

 

New Tax Laws May Affect Alimony Settlements | Johnsen Wikander P.C. West Michigan Divorce Attorneys

New Tax Laws May Affect Alimony Settlements

The end of a marriage is one of the most difficult and stressful events anyone can go through. Many people have compared their divorce to the death of a loved one or the loss of a limb. Divorce is hard but entering into divorce proceedings unprepared will only make matters more difficult.

With the extra layer of uncertainty provided by our current political climate, it is extremely important to consider the effects that changing laws and tax codes may have on the outcome of a divorce. Any legal changes that affect personal finances, and how they are handled during and after a divorce, can be especially impactful.

Currently, proposed tax changes will end a law that has been in place for more than 70 years. Since 1942, alimony payments have been considered a deductible expense on personal tax filings. At the end of 2018, that law will be cut from the books.

The impact of such cuts on West Michigan couples could be far-reaching. Aside from the increase in cost to the payer, alimony may now become an even more hotly contested issue in divorce cases since it is likely to push either side in the case to disagree with the amount requested.

For the payer, the law means they will carry more expense for years to come. For the payee, the law could mean that they get a lower settlement in their divorce case, potentially affecting their quality of life. This major change has the potential to drive divorce rates up for the remainder of 2018.

For couples already struggling to find even ground in a rocky case, contesting an alimony request could add one more layer of turmoil and difficulty to their divorce proceedings. Before taking steps in any direction, spouses considering divorce should educate themselves on the changing laws and the potential effects.

Anyone considering divorce in 2018 should look to an experienced divorce lawyer for assistance and to become educated regarding the outcome of their decisions. Couples could easily end up fighting over a decision that may have been clear before changes to current laws. This could affect their ability to maintain a civil relationship once their divorce is final, which is an especially disruptive outcome for couples with children.

With any divorce, both parties should consider the importance of education and preparation. Please contact the experienced West Michigan divorce lawyers at Johnsen Wikander for help in understanding current and upcoming changes and how they could affect your case.

Social Media can be Divorce Case Evidence | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Social Media can be Divorce Case Evidence

Social media and personal messaging apps, such as those associated with Facebook and Twitter, are being used for more personal communication than ever. Facebook friends or Twitter followers are easily found in the list of contacts associated with the user’s account, so many people never bother to add them to any other contact list.

Convenient private messaging apps are also available for phones and computers. Some dedicated communication applications, such as Snapchat, are used to send sensitive information because their short-lived messages disappear from the sender’s account after a predefined time. Each messaging app and social media outlet has its own pros and cons, but all of them share something in common – their content, when discoverable, can be used as evidence in divorce cases.

Social media content can show a wide variety of evidence that may help or hurt a divorce case. Photos can be especially harmful, but text messages and online comments can be equally damaging when they contain proof of a lie or illicit behavior. A cheating spouse (or their friends) may post photos of themselves out to dinner or vacationing with another party, which may present usable evidence to a legal team.

Social media can also be used to prove, or disprove, a person’s state of mind at the time they created a post. Comments that threaten to harm other people, or the poster themselves, can affect important pieces of a divorce case such as child custody decisions. Even if the threats are hollow, they can still be used to show potential intent or instability. Angry messages or threats can even be used to justify a personal protection order.

Many people post their daily activities without thinking. Posting on social media has become so commonplace that people rarely stop to consider the implications of their actions. However, bragging online about a financial windfall or hidden wealth, or claiming to be unemployed while posting pictures of new cars or expensive vacations, could provide information that impacts property settlements or alimony.

For more information or a consultation, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander to discuss your current situation and let us help you through this difficult time.